“But you didn’t find fingerprints on the deceased?”
“No.”
“Did you check the deceased for fingerprints?”
“Of course.”
“But you couldn’t find any?”
“That’s correct.”
“Detective Timothy Miller—” Harvey paused, pretending to review his notes again. “You’re aware that Anna Lempare had lived in that apartment, are you not?”
“Yes, I’m aware of that.”
“And you’re aware that Anna was a regular visitor to her aunt’s apartment?”
“Yes.”
“Is it not entirely reasonable that the fingerprints found in those areas occurred in everyday activities?”
“Yes, that is possible.”
“Do you think that the location that you found Anna’s fingerprints point to her guilt?”
Miller sighed. “No, I don’t.”
“In your expert and professional opinion, do you think that Anna’s fingerprints in any way prove she committed the crime?”
Miller paused again. He looked across to Valentine, but she had her head down, avoiding eye contact. “No.”
“How many glasses of water were on the table when you entered the room?”
“Two.”
“And I assume that you tested both of them for DNA?”
“We were able to test the saliva from both glasses of water. One set of DNA was proven to belong to Anna Lempare, and the other set of DNA was proven to belong to Jessica Lempare.”
“Is it possible that the DNA found on the glasses of water occurred because Anna drank from the glass when visiting her aunt earlier that day?”
“That’s possible.”
“In your expert and professional opinion, do you think that the location of the DNA evidence points to her guilt?”
Miller groaned loudly. “No.”
“And in your expert and professional opinion, do you think that Anna’s DNA on a glass of water proves she committed the crime?”
Miller paused again. “No.”
Calmly, Harvey took more handwritten notes. “Can you tell the court who lived next door to the apartment to Jessica Lempare?”
“The apartment was at the end of the hallway, and she only had one next-door neighbor. Mr. Thomas Feeble lives in the apartment next door to Jessica Lempare.”
“And who made the call to 911?”
“Thomas Feeble.”
“And who found the body of Jessica Lempare?”
“Thomas Feeble found the body,” Miller was quick in his response.
Harvey needed repetition of Thomas Feeble’s name to ingrain the possibility of his guilt into the minds of the jurors. The more times they heard Thomas Feeble’s name, the more they were likely to believe Harvey’s attack in the upcoming testimonies.
“And did Thomas Feeble enter the apartment alone?”
“I’m not sure. I wasn’t there,” Miller responded.
“Of course you weren’t. In reference to the police report which you have complied and signed off, can you please tell the court who entered the apartment alone before the arrival of yourself and your partner?”
Miller paused, staring at the defense lawyer. “Thomas Feeble told the police that he entered the apartment after he heard the argument between—”
“And can you please tell the court,” Harvey interrupted as he didn’t want Anna’s name mentioned. “Was there any sign of forced entry?”
“I’ve already answered that question.” Miller complained. “No, there was no sign of forced entry.”
“So, Thomas Feeble didn’t force his way into the apartment?”
“No.”
“Interesting,” Harvey quipped, beginning to take notes on his legal pad.
The notes were not for his benefit, rather they were for the benefit of the jury. By stopping to take notes, Harvey was emphasizing that this was an important point.
“Had you met Thomas Feeble before that day?”
“No.” Miller shook his head.
“And where was Thomas Feeble when you arrived at the Los Feliz Palace apartments?”
“He was waiting in the foyer for us. He then escorted us to the apartment where Jessica Lempare was deceased.”
“And did you take a statement from Thomas Feeble?”
“Of course.”
“And what did Thomas Feeble state about how he was able to enter the apartment?”
“He explained that he entered through the front door of the apartment, which was unlocked.”
“Unlocked? Really?” Harvey feigned surprise. “Interesting.”
Again, he took notes on his legal pad before continuing.
“Did you ever consider Thomas Feeble as a suspect in this murder investigation?”
“Yes, we did. That’s in the police report.”
Harvey looked across to the jurors and he could see the ‘believers’ nodding. They were convinced that Thomas Feeble may be a suspect as the statement was made from a person in authority.
And that was all Harvey needed.
“No further questions.”
CHAPTER 18
“The prosecution calls Dr. Daniel Reed to the stand,” Joanne Valentine called out.
Dr. Daniel Reed was a prosecutor’s dream.
He was a picture of perfect professionalism and spoke with such authority that it was hard to doubt any of his statements. The way he held himself, his expert tone, and his calm confidence, portrayed a convincing testimony before he had even said a word.
His record was as impeccable as his grooming. No criminal defense attorney would dare question his findings. That would be courtroom madness.
“Please state your name and occupation for the court,” Valentine opened.
“Dr. Daniel Reed. And I’m employed as a Medical Examiner with the Los Angeles County Department of Medical Examiner-Coroner.”
“Dr. Reed, please explain to the court how this ruthless, horrible murder occurred?”
Valentine continued to drop little words such as “ruthless” to build a picture in the juror’s thoughts.
“It was particularly clear what caused her death,” Dr. Reed began. “Our findings are that Jessica Lempare was strangled by the compression of the laryngopharynx, which caused asphyxia by fatally denying the supply of oxygen to the brain. There was also a break in her larynx.”
“So, she was choked?”
“In layman terms, yes.”
“In your expert opinion, what do you think she was choked with?”
“From the pattern of the bruising on the neck, we can determine that she was strangled by the force of two hands.”
“Two hands? Not a choke hold, such as a headlock?”
“No. The bruising on the neck is consistent with what we expect from the use of hands during strangulation. There were two indents on the front of the throat, which indicate the use of the thumbs pushing inwards, and there is also deeper bruising on the back of the neck, which indicates where the fingers were pressing into the neck.”
The members of the jury squirmed with uncomfortable visualizations of the incident. Valentine had played this well. It was clear that the jury was very uncomfortable with what had happened to this older lady.
“Were there any other injuries sustained?”
“Yes. Although, not as much as we would expect if the deceased were struggling a lot. There was bruising sustained to the elbow and to the back of the hip. That is consistent with falling backward. From the autopsy, we can determine that the force on the victim’s throat caused the death, and it’s likely that they fell during a struggle with the attacker.”
“This suggests that the death could not have been an accident?”
“This was no accident. There is nothing accidental about this death.” Dr. Reed nodded, and the three elderly jurors did the same.
“Was there any DNA or other objects found under the deceased’s fingernails?”
“No. There was nothing found.”<
br />
“Interesting,” Valentine stated in an inquisitive tone. “That would suggest that Jessica didn’t fight hard against the attack. Do you think that is because she knew the attacker very well and—”
“Objection,” Harvey intervened. “The witness isn’t qualified to comment on the deceased’s state of mind.”
“Sustained.” Judge Wilmot was firm. “Stick to what the witness knows, Miss Valentine.”
“Have you ever done an autopsy on a victim where their death was caused by strangulation by use of hands, and there were no signs of a struggle?”
“No,” Dr. Reed responded.
“No further questions. Thank you for your time, Dr. Reed.”
Judge Wilmot offered Harvey the chance to question Dr. Reed. However, Harvey took his time before responding to him.
Once Harvey had replied to the judge, he took even more time reviewing his notes.
In all honesty, he didn’t need any of that time, but he needed the jury to think that he was considering the holes in the connections between the defendant and Dr. Reed’s statements.
Harvey stood from behind his desk, and pondered his thoughts with his hand on his chin, his eyes looking downward. It was a pose he had practiced in front of the mirror many times, and it may be overacted enough to be worthy of a spot on daytime television, but the jury was clear on what he was doing. He could sense Valentine roll her eyes at his actions.
Taking a glance at the jury, Harvey waited for their full attention before continuing.
“Tell me, Dr. Reed, was there any sign of bruising to the back of the victim’s head?”
“No.”
“If the victim fell backward to the floor, would you not assume that they would have hit their head?”
“Yes.”
“But there no bruising to the back of the head?”
“That’s correct?”
“Why do you think that is?”
“It could have been for a number of reasons, such as the victim may have fallen on something soft—that was removed from the scene before the police arrived—or the murderer may have been holding onto the victim’s head while she fell.”
“Thank you.” Harvey turned to face the jury. “Tell me, Dr. Reed, was the bruising on the victim’s neck large?”
“Yes.”
“So, there would have had to have been a large force exerted?”
“Large enough to damage the victim’s larynx, yes. However, the deceased was elderly and frail, and the force needed to injure her would have been considerably less than the force needed to injure you or me.”
“Thank you, Dr. Reed.” Harvey nodded. “A large hand would have been needed to make that impact, would it not?”
“Possibly. The deceased was only a small woman so any impact would have been substantial. However, the bruising is consistent with what we would expect from someone with large hands.”
Harvey looked across at Anna and nodded. She raised her hands from the table and looked at them, turning them over numerous times. It was clear to the jury that she only had small hands. They had practiced that moment over and over, trying to achieve the right amount of emphasis for the jury.
Harvey’s facial expressions exaggerated as he expressed his curiosity.
“No further questions.”
CHAPTER 19
Thomas Feeble walked to the stand like a defeated man.
His yellow-tainted eyes were focused on the ground in front of him, his suit was two sizes too big, and his hair was disheveled.
When he sat on the stand after taking his oath, he let out a groan. He didn’t want to be there. He didn’t want to be anywhere but the safety of his apartment.
“Please state your name for the court.” Valentine’s voice had dropped lower. She wanted Thomas to feel calm and secure on the stand.
“Thomas James Feeble.”
“And how do you know the deceased, Jessica Lempare?”
“I live in the apartment next door to Jessica. I lived there for ten years, and Jessica has always been my next-door neighbor.”
“Did you interact with her often?”
“I saw her in the hallway or the foyer at least once a week.”
“So, you know her voice if you heard it?”
“Yes.”
“And your apartment wall joins Jessica’s apartment wall?”
“Yes.”
“Are the walls thin in your apartment?”
“Not particularly.”
“But you do hear things through the walls of your apartment?”
“Sometimes I can hear things through the wall, but only if it’s very loud.”
“From your point of view, please take the court through what happened on the afternoon of May 1st.”
“It was a normal day for me. I was at home watching television when I started to hear yelling through the walls. I turned the television down, and I could hear two women arguing. I couldn’t understand what they were arguing about, but they were calling each other names. It was loud and very intense. I was scared for Jessica. I went next door and knocked on the door, but Jessica yelled for me to go away. I think she was embarrassed that someone could hear their argument. I went back into my apartment, and the yelling seemed to stop for around five or ten minutes, but then the yelling started again, and this time it was louder. It was just one person yelling this time. It was definitely a woman, and it wasn’t Jessica. I went to check on Jessica again, but this time, when I opened my door, I saw Jessica’s niece leaving the apartment.”
“And how did you know it was Jessica’s niece?”
“Anna used to live next door as well.”
“Anna Lempare?” Valentine questioned.
“Yes.”
“And can you please point to the woman you saw in the hallway that afternoon?”
“Yes, she’s sitting there.” Thomas pointed at the defendant.
“Let the records show that the witness has pointed at the defendant, Anna Lempare,” Valentine stated. “Thomas, what did Anna say to you when she saw you in the hallway?”
“She yelled at me to mind my own business. I didn’t say anything to her, but she told me to go back into my apartment. As she walked towards the elevator, she punched a hole in the wall.”
“She punched a hole in the wall?” Again Valentine pretended to be surprised. She was not. She had practiced the testimony twenty times with Thomas Feeble.
“As she walked to the elevator, she said ‘stupid old woman,’ and then she punched the wall. I was scared of her.”
“And what did you do next?”
“Anna was very angry, and I was terrified of Anna, so I went back into my apartment. I turned the television back on, but then I was worried about Jessica. I tried to listen to any movements from Jessica’s apartment, but I couldn’t hear anything. About one hour later, I went to knock on Jessica’s apartment door again.”
“And did she answer this time?”
“No.”
“What did you do next?”
“I was still very worried about Jessica, so I opened the door to her apartment and went in. It was then that I saw her lying on the ground.” Thomas shook his head as he fought back tears. “She was dead.”
“Take your time.” Valentine calmed him down. They practiced that part as well. “When you’re ready, please tell the court what happened next.”
Thomas took a moment, dabbing his eyes with a tissue. “I tried to check for a pulse, but I couldn’t find one. That is when I went back into my apartment and called 911.”
“Did you go back into Jessica’s apartment after that?”
“No, I went down to the foyer and waited for the police.”
“Thank you for your time, Mr. Feeble,” Valentine said softly. “No further questions.”
Judge Wilmot offered Harvey the chance to question the defendant, and Harvey accepted the offer. This was his time now.
“Tell me, Mr. Feeble, did you get along well with Jessica Lempare?”
/> “Sometimes.”
“And the other times when you didn’t get along with Jessica Lempare, would you describe your interactions as strained?”
“You could say that.”
“Yes or no, Mr. Feeble.”
“Yes. Our relationship was strained at times. She wasn’t… well, she caused a lot of trouble for no reason. She would dispute everything.”
“The hallway that adjoins both your apartments was painted earlier this year. Mr. Feeble, how would you describe your interactions with Jessica during this period of time?”
Thomas looked to Anna, seated next to Harvey. Anna had witnessed numerous arguments between the next-door neighbors during that period.
“It was strained.”
“Why was that?”
“She didn’t like the tone of white that we were using to paint the walls.”
“The tone of white, Mr. Feeble? Can you please elaborate further on that for the court?”
“All the other residents in the building had agreed to the use of ‘Whisper White’ as the tone for the new paint job. Jessica was the only person who didn’t agree. She wanted to use ‘Vintage White’ as the color. Of course, we overruled her due to the sheer weight of numbers. But when the painters started working in the hallway, she yelled at them every morning because they were using the wrong tone of white. I defended the painters, telling her that they were just doing their jobs.”
“Did the two of you yell during these interactions?”
“Yes.”
“And how often were these interactions?”
“Every morning for a week.”
“Thank you, Mr. Feeble.” Harvey opened a new file in front of him. “On May 1st, were you alone in your apartment?”
“I don’t see why that is relevant.” Thomas shook his head.
“It is relevant. Please answer the question.”
“Um… maybe. Maybe I was.”
“Mr. Feeble, that isn’t a satisfactory answer.” Judge Wilmot leaned across to Thomas. “Please answer the question.”
“Um, not exactly.”
“Not exactly? Mr. Feeble, I find that very surprising. There is no mention of any other person in any of your statements about the incident that happened on May 1st.”
Bill Harvey Collection Page 41
